UK Landlord Forum / Life

Hi,

My boyfriend is currently working in the UK and renting an apartment from his boss/landlord. He only has a verbal agreement with her and the rent includes utilities. I am planning to visit him from Australia but the landlord requested me to pay rent for my stay. I am visiting for one month but for roughly 16 of those days we are planning to travel. Hence, I will only stay at his apartment for roughly two weeks and not in a row.

Can she legally charge me rent?
Can she legally request I don't stay there unless I pay rent?
Can she legally evict them for allowing me to stay with them?

Any advice is appreciated as I am unfamiliar with UK law!
Thanks

This sounds very unlikely. While renting a property from a Landlord on an AST, the (self-contained, I assume - not lodging in the Landlord's home) property becomes the Tenant's home... a home where they can have visitors over if they so desire. That right does not disappear when it gets dark... so, of course visitors can stay over. The AST, on the other hand, probably does have clauses in that say you cannot assign the property to someone else, or sublet it. My assumption would be that you'd not be paying your boyfriend any rent... otherwise you would be a sub-Tenant.

Not allowing, or making it difficult for, a Tenant to have visitors to the property can actually be a form of harassment. There are a number of things you could Google... the Tenant's right to quiet enjoyment and exclusive possession of the property includes the right to have guests.  The Tenant's right to privacy includes the right to live with a spouse or partner and a Tenant does not have to inform the Landlord (and certainly not ask for permission) each time this changes.

So, my answers to your questions... no, no and no... but, on the last, if your boyfriend upsets the Landlord then it is possible for her to evict him via a Section 21 (no fault) if the time is right (that being that the AST is not within the original fixed term).

sorry but what is an AST?
and your saying she could evict him under s21 as long as it is not within the fixed term? As their agreement is verbal that they rent it from the landlord for 6months would that be the fixed term? and she can't evict them until that term ends?

An AST is an Assured Shorthold Tenancy - it's the document that forms the agreement between Landlord and Tenant(s). An AST generally has a fixed term - that being something like 6 months or 12 months, then it rolls onto a Statutory Period Tenancy - that would be the exact same agreement, but rolling month-to-month.

A Landlord cannot evict a Tenant during the fixed term unless they - for example - accrue rent arrears or break the agreement in some way... this would be a case where the Tenant is to blame. It is done via different mechanisms. If a Landlord wants to evict a Tenant after the fixed term has expired, then they can issue a Section 21 which is a means of evicting a Tenant where there is no blame, no fault and no reason. Please don't think there is no way to evict a Tenant in the fixed term, there is.

Why would your boyfriend rent a property with only a verbal agreement? Is nothing documented? He probably still has a tenancy, but how is he supposed to know what his - and the Landlord's, of course - responsibilities are? Was a deposit taken at the beginning of the tenancy? Was it protected correctly? He is not a lodger - living in the Landlord's primary / only home - is he?

The arrangement was set up by the cricket club he is playing for in England. He signed a contract with the club to play for them etc... and they set him up with a job and place to live. Many Australians enter into such arrangements for 6months or so during their time at university. However, there was no written contract with the landlord, only a verbal agreement regarding the amount of rent, how long they stay there and she takes the rent out of their wages.

No, he is not living in the landlord's primary residence, it is a separate apartment.

To my knowledge there was no deposit.

If I refused to pay her rent based on the fact I would not be required to by law, is there anything she could potentially do given there is no formal AST? Is it likely she would evict them?
I assume it would be worth investigating sections regarding exclusive possession of property and a tenants right to enjoyment etc... in case she challenges my refusal?

Quote from: rgant1 on May 08, 2014, 10:14:16 AMI assume it would be worth investigating sections regarding exclusive possession of property and a tenants right to enjoyment etc... in case she challenges my refusal?

Indeed... start there.

If the Cricket Club is party to this arrangement in any way, helped set it up or what-have-you, then it is not good that there is no written agreement (which I'd normally expect to be an AST) for the tenancy.

Sake

PAY THE BLOODY EXTRA RENT

Why should you live there for free?

You book a single room, you pay a single rate, you pay for a double you pay a double rate.

Negotiate, be nice, compromise, it's not always about what is legal. You should always try to be nice FIRST, then clever.

Normally I would agree with you but this landlord has already cause problems and isn't exactly the most reasonable person. Being nice hasn't exactly got him anywhere. She is rude, charges expensive rent and on top of that is a horrendous boss.

Not to mention I'm visiting and not booking an extra room. I'll be staying in my boyfriends room and not for very long.

What is legal is the only way left to deal with her. The time for being nice has past and being clever is the only way she won't screw him over anymore. 

I am sorry to hear that.

People can be really horrible in situations like this, and I can understand your frustration.

However I don't think any legal redress is open to you, these sorts of arrangements are at best, fluid, I would say.

I bet she fanices him and doesn't want you getting in the way, or he has shown her your picture, and you're obviously much hotter than her.

What about asking her a "nightly" rate, then when you get here, I bet you will meet some nice people in the Club house who will put you both up for nothing whilst you are hear.

Honestly you will, most English are very accommodating, especially after a couple of glasses of Red Wine!

I get the feeling she doesn't fancy him as she is 63 haha
Thanks for the advice, i'll suss it out when I'm there!